Which right has the Supreme Court treated as a fundamental liberty under substantive due process in cases such as Loving v. Virginia and Obergefell v. Hodges?
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Correct answer: The right to marry the person of one's choice
The Court has recognized marriage as a fundamental right protected by the Fourteenth Amendment. Cases such as Loving and Obergefell show how substantive due process can protect deeply personal choices.
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More Substantive Due Process questions
- Which case recognized a constitutional right to same-sex marriage under the Fourteenth Amendment?
- Which case invalidated laws criminalizing private consensual same-sex intimacy?
- Which case originally recognized a constitutional right to abortion under the Fourteenth Amendment?
- Which 1992 case reaffirmed the core holding of Roe v. Wade while replacing the trimester framework with the undue burden standard?
- Which 2022 Supreme Court case overruled Roe v. Wade and Planned Parenthood v. Casey?
- When courts decide whether an unlisted right is fundamental under substantive due process, what historical inquiry have they often used?